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IN RE WAITE

Bankruptcy No. 1-80-00259, Adv. No. 1-80-0231.

11 B.R. 608 (1981)

In re Rubin C. WAITE and Priscilla L. Waite, Debtors. Rubin C. WAITE and Priscilla L. Waite, Plaintiffs, v. DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

May 29, 1981.

Attorney(s) appearing for the Case

Michael Bresnahan, Keystone Legal Services, Inc., State College, Pa., for plaintiffs.

Jason W. Manne, Office of Legal Counsel, Harrisburg, Pa., for Dept. of Public Welfare.

MEMORANDUM AND ORDER

RE: LIEN AVOIDANCE

THOMAS WOOD, Bankruptcy Judge.

Plaintiffs have filed a complaint to avoid a lien of judgment obtained by the defendant, Pennsylvania Department of Public Welfare (DPW). A motion to dismiss the complaint has been filed by DPW. Two issues are involved. First, whether the judgment entered of record by DPW against real estate of public assistance recipients is a judicial lien under the definition of the Bankruptcy...

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